Followers

Friday, February 10, 2012

G8/NATO protests "that are almost certain to be countered with excessive police force will be illegal to record"

- Common Dreams staff

As Chicago prepares for thousands of protesters and journalists for the G8 and NATO summits this May, an Illinois law declaring a felony the audio recording of police officers is coming under the microscope. One representative has filed an amendment to allow for such recordings, a move protesters, who will likely be met with heavy-handed tactics from police, would welcome.An Illinois law declaring a felony the audio recording of police officers is coming under the microscope. (photo: Paul Stein)Under the current Illinois Eavesdropping Act from 1961, a person recording a non-consenting police officer can be charged with a felony and 15 years in prison. The Huffington Postexplains:

An amendment to the law submitted by Rep. Elaine Nekritz would allow for the recording or police officer on duty in public place. The Daily-Journalreports:

House Bill 3944, sponsored by Rep. Elaine Nekritz, D-Northbrook, would amend the Illinois Eavesdropping Act, under which a member of the public can be charged with a felony if he or she records the conversations of police officers, prosecutors and other law enforcement personnel without their knowledge. [...]

Nekritz said her legislation would "allow citizens to do what they think they already had the ability to do."

"As far as the use of videotape, I certainly endorse it, for the protection of the police as well as [civilians]," he said at the panel. "There's no argument when you show videotape and can look at what happened. I actually am a person who endorses video and audio recording."

As WLS-Chicagoreported in September, the ACLU says the current law "doesn't make any sense":

The ACLU argues that the Illinois Eavesdropping Act is antiquated and overly-restrictive, and it wants the ability to record audio of police officers when they're on the public way - most specifically as a means of monitoring how police handle marches and demonstrations.

"You can video the police officer, you can photograph the police officer. They admit that you can listen to the police officer, and even write down what the police officer is saying, but you can't turn on the audio button. It simply doesn't make any sense," said Harvey Grossman, ACLU.

RTnotes how the law, if it remains unchanged, will affect the Chicago Police Department and protesters:

...the protests that are almost certain to be countered with excessive police force will be illegal to record.

Some state lawmakers are trying to overturn the legislation before this spring, but it is a challenge that stands to be complicated with a goal only a few months into the future. Illinois Attorney General Lisa Madigan has asked the state Supreme Court for a new decision on the constitutionality of the law and others have come to her side. Some have even proposed an exception that will allow citizens to record the police, which is allowed in most jurisdictions in America.

"I don't believe there is an expectation of privacy for public officials on public property doing public duties," Rep. Elaine Nekritz, a local sponsor of the re-write, tells the Associated Press.

The US Court of Appeals in Boston, Massachusetts countered a similar wiretapping law last year, with a judge ruling in August that filming the police is a “basic and well-established liberty safeguarded by the First Amendment.”

Many outside of Boston agree, and if the law isn’t changed in Illinois before spring, Chicago’s G-8 summit is expected to still be caught on film, law notwithstanding. But as thousands plans to flood the streets of the city to demonstrate against the meeting of leaders from the US, France, Russia, Italy and elsewhere, cops will be tasked with countering not just riled protesters, with journalists of all sorts gripping their cameras. Come springtime, the Chicago PD will have to determine which First Amendment guarantee is more important to crush: the freedom of the press or the freedom to assemble.

Christopher Drew, an artist in Chicago who recorded his own arrest, now faces 15 years in prison and spoke to RT about his situation:

Help Us Transmit This Story

Add to Your Blogger Account Put it On Facebook Tweet this post Print it from your printer Email and a collection of other outlets Try even more services

Fatally Flawed: The Pursuit of Justice in a Suspicious Election

Voices of Opposition

Basic Statistics for U.S. Imperialism

New Additions

The World Reacts...

Click Picture

See Hillary Clinton Make Fun of Gaddafi's Murder

Here is Israel's Crap Treatment of an American Jew

People participate in movements when that particular movement

(1) meets their concrete and tangible needs,(2) offers individuals real experiences in the movement's outcome(3) provides a sense of community,(4) makes available ongoing education and skills training and(5) shows direct and effective ways for people to take further action.

A loose interpretation of a message sent on Sunday, October 4th, 2009 by the Program on Corporations, Law & Democracy

Subscribe To

Free Trade's Race to the Bottom

A worker walks out of a factory building outfitted with nets, installed to prevent workers from jumping to their deaths, at a Foxconn factory, in Langfang, Hebei Province August 3, 2010. There have been nearly a dozen suicides at Foxconn plants around China this year alone, prompting calls for investigations into poor working conditions at the plants that make parts for customers such as Apple, HP and Dell. (REUTERS/Jason Lee) #

Portland 9/11 Truth Meetup Group and the Smell of Bacon

You can't have peacefor the sake of peace.Peace is a consequenceof an equitable arrangement.